Application under Section 155(2)(B) of The Constitution and In The Matter of Part XVIII of The Organic Law on National and Local-Level Government Elections; Hami Yawari v Anderson Agiru and David Wakias and The Electoral Commission of Papua New Guinea (2008) SC948

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 06 November 2008
• Citation: (2008) SC948
• Docket Number: SCR 24 OF 2008
• Year: 2008

Full Title: SCR 24 OF 2008; Application under Section 155(2)(B) of The Constitution and In The Matter of Part XVIII of The Organic Law on National and Local-Level Government Elections; Hami Yawari v Anderson Agiru and David Wakias and The Electoral Commission of Papua New Guinea (2008) SC948

Supreme Court: Sakora, Cannings, Hartshorn JJ

Judgment Delivered: 6 November 2008

SUPREME COURT - CIVIL - Election Petition Review Rules – Rules 22, 26, 30, 32 - no application filed for dispensation of requirements of Rules - breach of 2 mandatory Rules and Court Order - consideration is the application of Rule 5/10/30 discussed

Cases cited:

Peter Dickson Donigi v Base Resources Ltd [1992] PNGLR 110; Daniel Don Kapi v Samuel Abal (2005) N2856; Miki Kaeok v Rimbink Pato (2005) SC877; Wari James Vele v Powes Parkop (2007) N3244

1. BY THE COURT: Mr. Anderson Agiru was the successful candidate in the 2007 National Elections for the Southern Highlands Provincial Electorate. Mr. Hami Yawari, an unsuccessful candidate, brought an Election Petition disputing the result. This Election Petition was dismissed by the National Court. Mr. Yawari was granted leave by the Supreme Court to judicially review the decision of the National Court and the review proceeding has been filed.

2. Mr. Agiru applies to this court to dismiss Mr. Yawari’s review proceeding on the grounds that Mr. Yawari has not prosecuted his review proceeding with due diligence and has failed to comply with orders of this court of 20th October 2008 which extended the time for Mr. Yawari to compile and serve the Review Book to 23rd October 2008.

3. The Deputy Chief Justice has ordered...